AIR FORCE DISCHARGE REVIEW BOARD HEARING RECORD

 

 

    

 

 

  

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

NAME OF SERVICE MEMBER (LAST, FIRST MIDDLE INITIAL) GRADE AFSN/SSAN
AB
TY
PERSONAL APPEARANCE X RECORD REVIEW
COUNSEL, NAME OF COUNSEL AND OR ORGANIZATION ADDRESS AND OR ORGANIZATION OF COUNSEL
YES NO
xX
VOTE OF THE BOARD
MEMBERS SITTING HON GEN UOTHC OTHER DENY
ee x
el _
| X
xX
x
a 7
ISSUES INDEX NUMBER ae EXHIBITS SUBMITIED TO;THE BOARD
A94,01 A67.70 1 | ORDER APPOINTING THE BOARD
2 | APPLICATION FOR REVIEW OF DISCHARGE
[a f
3 | LETTER OF NOTIFICATION
ee
HEARING DATE CASE NUMBER 4 | BRIEF OF PERSONNEL FILE
19 FEB 03 FD2002-0420 COUNSEL’S RELEASE TO THE BOARD
ADDITIONAL EXHIBITS SUBMITTED AT TIME OF
PERSONAL APPEARANCE

 

 

TAPE RECORDING OF PERSONAL APPERANCE HEARING
“APPLICANT'S ISSUE AND THE.BOARD’S DECISIONAL RATIONAL ARE.DISCUSSED ON THE ATTACHED AIR FORCE DISCHARGE REVIEW BOARD DECISIONAL RATIONALE.

 

 

 

 

 

 

 

 

REMARKS

Case heard at Washington, D.C.

 

Advise applicant of the decision of the Board, the right to a personal appearance with/without counsel, and the right to
submit an application to the AFBCMR.

 

[ce
SIGNATURE OF RECORDER OF BOARD PRESID

 

   

DATE: 19 FEB-03

 

 

 

 

 

 

SAF/MIBR , SECRETARY OF THE AIR FORCE PERSONNEL COUNCIL
550 C STREET WEST, SUITE 40 AIR FORCE DISCHARGE REVIEW BOARD
RANDOLPH AFB, TX 78150-4742 1535 COMMAND DR, EE WING, 3°? FLOOR
ANDREWS AFB, MD 20762-7002
AFHQ FORM 0-2077, JAN 00 (EF-V2) Previous edition will be used.
CASE NUMBER

AIR FORCE DISCHARGE REVIEW BOARD DECISIONAL RATIONALE FD02-0420

GENERAL: The applicant appeals for upgrade of discharge to Honorable.

The applicant was offered a personal appearance before the Discharge Review Board (DRB) but declined to
exercise this right.

The attached brief contains the available pertinent data on the applicant and the factors leading to the
discharge.

FINDINGS: Upgrade of discharge is denied.

The board finds that neither evidence of record nor that provided by the applicant substantiates an inequity
or impropriety, which would justify a change of discharge.

ISSUE: The applicant believes her discharge is inequitable because it was too severe a punishment. The
applicant admits to using cocaine and methamphetamines. She states that at the time of her sentencing, it
was a year and a half after the use of these drugs and the whole situation was brought to the surface because
a fellow service member told on her. The records indicated the applicant received a General Discharge for
Misconduct — Drug Abuse after being found guilty by a Special Court Martial for wrongfully using cocaine
and methamphetamines. The DRB took note of the applicant’s duty performance as documented by her
performance reports, letters of recommendation and other information contained in the records. They found
the seriousness of the willful misconduct offset any positive aspects of the applicant’s duty performance.
The Board concluded the drug abuse was a significant departure from the conduct expected of all military
members. The Board found no evidence of impropriety or inequity in this case on which to base an upgrade
of discharge. The Board concluded the misconduct of the applicant appropriately characterized her term of
service,

CONCLUSIONS: The Discharge Review Board concludes that the discharge was consistent with the
procedural and substantive requirements of the discharge regulation and was within the discretion of the
discharge authority and that the applicant was provided full administrative due process.

In view of the foregoing findings the board further concludes that there exists no legal or equitable basis for
upgrade of discharge, thus the applicant's discharge should not be changed.

Attachment:
Examiner's Brief
FD2002-0420

DEPARTMENT OF THE AIR FORCE
AIR FORCE DISCHARGE REVIEW BOARD
ANDREWS AFB, MD

(Former AB) (HGH SRA)

 

1. MATTER UNDER REVIEW: Appl rec’d a GEN Disch fr USAF 15 Nov 00 UP AFI 36-
3208, para 5.54 (Misconduct - Drug Abuse) . Appeals for Honorable Disch.

2. BACKGROUND:

a. DOB: 19 Jul 78. Enlmt Age: 18 1/12. Disch Age: 22 3/12. Educ: HS DIPL.
AFOT: N/A. A-94, E-70, G-76, M-45. PAFSC: IN151 - Imagery Analysis
Journeyman. DAS: 20 Aug 97.

b. Prior Sv: (1) AFRes 30 Aug 96 - 10 Dec 96 (3 Mos 11 Days) (Inactive).

3. SERVICE UNDER REVIEW:

‘a. Enld as AB 11 Dec 96 for 4 yrs. Svd: 3 Yrs 11 Mos 5 Das, of which AMS
is 3 Yrs 9 Mos 27 Das (Ex: 1 Mo 8 Das lost time)

b. Grade Status: AB - 18 Jan 00 (SPCM Order No. 5, 27 Jun 00)
SRA - 11 Dec 99
A1C - 11 Apr 98
AMN - Unknown

ec. Time Lost: 5 Jun 00 - 12 Jul 00 (38 Days)
d. Art 15’s: None.
e. Additional: None.

f. CM: Special Court Martial Order No. 5, 27 June 2002.
CHARGE: Article 112a. Plea Guilty. Finding Guilty.

Specification 1: Did, at or near Cambridgeshire, United Kingdom,
on divers occasions, between on or about 1 Jan 99 and on or about
31 May 99, wrongfully use cocaine.

Specification 2: Did, at or near Cambridgeshire, United Kingdom,
on divers occasions, between on or about 1 Jan 99 and on or about
31 May 99, wrongfully use methamphetamine.

Specification 3: Did, at or near Royal Air Force Molesworth,
Cambridgeshire, United Kingdom, between on or about 1 Jan 99 and
on or about 31 May 99, wrongfully distribute some amount of
amphetamine. Dismissed my Military Judge pursuant to pretrial
agreement. Sentence approved for 45 days confinement, forfeiture
of $670.00 pay per month for six months, and reduction to the
FD2002-0420

grade of AB.
g. Record of SV: 11 Dec 96 - 10 Aug 98 RAF Molesworth ABS 5 (Initial)
11 Aug 98 - 26 Mar 99 RAF Molesworth ABS 5 (CRO)
27 Mar 99 - 14 Nov 99 RAF Molesworth ABS 5. (CRO)
(Discharged from Lackland AFB)

h. Awards & Decs: JSAM, AFTR, AFOLTR, JMUA W/1BOLC, AFGCM.

~

i. Stmt of Sv: TMS: (4) Yrs (1) Mo (9) Das
TAMS: (3) Yrs (9) Mos (27) Das

4. BASIS ADVANCED FOR REVIEW: Appln (DD Fm 293) dtd 23 Sep 02.
(Change Discharge to Honorable)

ISSUES ATTACHED TO BRIEF

ATCH

1. Applicant's Issues.

2. Discharge Documents.

3. Citation Joint Service Achievement Medal.
4. Enlisted Performance Reports.

5. Character References.

JJan03/er
[7D 2002 ~O42 0

DEPARBMENT OF THE AIR FORCE
HEADQUARTERS 100TH AIR REFUELING WING (USAFE)

 

MEMORANDUM FOR 100 ARW/CC
FROM: 423 ABS/JA

SUBJECT; Legal Review-Discharge Under AFI 36-3208, Chapter 5, Section H, Paragraph

5.544

1. HISTORY: On 12 October 2000, 4iRRRIgIg anette. Joint Analysis Center, Ajr Force
Element Commander, initiated discharge action on the ———
Giliter:.: Drug Abuse, IAW AFI 36-3208, Chapter 5, Section H, Paragraph 5.54. The
aes: acknowledged receipt of the Notification Memorandum on 12 October 2000